Faulkner Act

The Faulkner Act, also known as the Optional Municipal Charter Law (N.J.S.A 40:69A-1, et seq.), is New Jersey state legislation enacted in 1950 that provides municipalities with modernized frameworks for local government. The law is named in honor of Bayard H. Faulkner, former mayor of Montclair, New Jersey, and former chairman of the Commission on Municipal Government. The Faulkner Act was created to offer municipalities greater flexibility than traditional statutory forms of government while incorporating reforms from earlier legislation such as the Walsh Act and the 1923 Municipal Manager Law.

Overview

The Faulkner Act offers four standardized plans of municipal government, each with distinct arrangements of executive and legislative power:

Mayor-Council - strong elected mayor with broad executive powers and a city council with five to nine members
Council-Manager - city council as supreme authority appointing a professional municipal manager as chief executive
Small Municipality - simplified form for communities under 12,000 population blending features of traditional borough and township government
Mayor-Council-Administrator - mayor elected by voters combined with an appointed municipal administrator, added to the act in 1981

As of recent counts, 21 percent of New Jersey municipalities operate under the Faulkner Act, including the state's four largest cities: Newark, Jersey City, Paterson, and Elizabeth. More than half of all New Jersey residents live in municipalities operating under Faulkner Act charters.

History

Original Enactment (1950)

The Faulkner Act was originally enacted in 1950 providing three forms of government: mayor-council, council-manager, and small municipality. Within each form, letter codes (A, B, C, etc.) designated different arrangements, such as partisan versus nonpartisan elections, concurrent versus staggered terms, and at-large versus ward-based council seats.

1981 Amendments

In 1981, the Faulkner Act underwent significant amendment. The letter code system was eliminated, and municipalities were given increased flexibility in choosing specific features of each plan. The council-manager plan was expanded to allow voters to elect a mayor directly (rather than having the council choose one). A fourth form, the mayor-council-administrator plan, was added. Municipalities were also granted greater flexibility to amend their charters without requiring a full charter submission to voters.

Four Basic Plans

Mayor-Council Plan

The mayor-council form features a strong elected mayor with broad executive authority and a city council of five, seven, or nine members. The mayor oversees three to ten executive departments, each headed by a director or commissioner appointed by the mayor (with council consent in some variants). Council members may be elected entirely at-large, entirely by wards, or in a combination. Elections may be partisan or nonpartisan; council members serve either concurrent four-year terms (all elected at once) or staggered four-year terms.

The mayor in this system has substantial appointment power, budget authority, and veto power over council legislation. This form concentrates executive power in a strong elected chief executive, similar to a city manager model but with direct electoral accountability to voters.

Council-Manager Plan

Under the council-manager plan, the city council is the supreme governing authority. The council consists of five, seven, or nine members elected at-large or in combination ward-and-at-large. A mayor, elected either at-large by voters or chosen by the council from among its members, presides over the council but holds no appointment or veto power. The council appoints a professional municipal manager who serves as the chief administrative and executive officer.

The manager prepares the municipal budget, appoints and removes department heads, and manages day-to-day municipal operations. Unlike the 1923 Municipal Manager Law (which granted tenure to managers), the Faulkner Act manager serves at the pleasure of the council and may be removed by majority vote. The manager attends council meetings but does not vote.

This plan emphasizes professional, nonpartisan administration of municipal affairs and is designed for communities seeking professional management expertise without strong executive authority concentrated in a single elected official.

Small Municipality Plan

The small municipality plan is available to communities with populations under 12,000. All legislative powers rest with a council of three, five, or seven members, all elected at-large. The mayor may be either elected by voters (for a four-year term) or chosen by the council. The mayor presides over council sessions with both voice and vote but lacks veto authority.

The council exercises full legislative power. The mayor, whether elected by voters or chosen by council, appoints municipal officers (clerk, attorney, tax assessor, tax collector, treasurer) subject to council confirmation.

This form essentially combines features of traditional borough and township government into a streamlined charter suitable for smaller populations.

Mayor-Council-Administrator Plan

Added to the Faulkner Act in 1981, this plan combines an elected mayor (the chief elected official) with an appointed municipal administrator (the chief administrative officer). The mayor has executive power and appointment authority; the administrator handles day-to-day municipal operations. This plan accommodates communities preferring an elected executive while also employing professional administrative staff.

Adoption and Amendment

Municipalities may adopt a Faulkner Act form of government through a two-step process:

1. Charter Study Commission - Voters or the governing body establish a charter study commission to draft a proposed charter 2. Public Referendum - The proposed charter is submitted to voters; adoption requires a majority vote

Once adopted, municipalities may amend their charter through similar referendum procedures. The 1981 amendments granted communities increased flexibility to adjust charter provisions without requiring wholesale resubmission.

Rights of Initiative and Referendum

All municipalities operating under the Faulkner Act grant their citizens two powerful direct-democracy rights:

Initiative - Any ordinance proposed by registered voters may be placed on the ballot if it receives signatures from 10 percent of the voters who turned out in the most recent odd-year general election (typically a General Assembly election). If the municipal governing body refuses to enact the proposed ordinance, it is automatically placed on the ballot.

Referendum - Citizens may petition to place any ordinance enacted by the governing body on the ballot for voter approval or rejection.

These provisions ensure that Faulkner Act municipalities remain accountable to their electorate and prevent governing bodies from acting without voter consent on major policy matters.

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